Corpus delicti

The composition of the crime is a combination of subjective, as well as objective circumstances, on the basis of which it can be called a socially dangerous act. Under the crime itself is meant any certain dangerous act for the public that was committed at a certain time in a strictly defined place.

The crime and its elements

Its meaning is great. In fact, without him there is no crime. The offense is:

- a guarantee that the law will be respected;

- the basis for criminal liability ;

- a condition for classifying a crime ;

- is considered the basis for the imposition of punishment (only by the court) or the adoption of other measures that are of a criminal nature.

The crime may be general or specific. In the first mentioned case, we are talking about the signs of all crimes, in the second - about the signs of a certain case.

It is the composition that makes it possible to distinguish a crime from an offense. The types of possible punishments directly depend on it. The qualification of crimes is understood as the legal consolidation of the composition. It must be recorded in the procedural documents. The final qualification must be contained in the sentence.

The composition of the criminal offense has its elements. These include the main parts of its design, which correspond to the most diverse aspects of a socially dangerous act.

Allocate the following elements:

- The object of the crime. This term refers to those social relations that are protected by law. These are the public relations, which the defendant encroached on. The crime subject is a sign of the object of the crime. By it is meant the concrete thing of the material world.

- The objective side. It is a question of the external manifestation of socially dangerous behavior, which creates a threat or harm to relationships that are protected by law.

- The subjective side. It is understood as the mental activity of people, which is most directly connected with the commission of a crime. Its attributes include motive, guilt, and purpose. Its forms are imprudence, or intent.

- The subject of the crime. They are an individual who is able to bear responsibility for the committed. In our country, the subjects of the crime can not be enterprises, firms and so on, although in the legislation of other countries such practice exists. In general, the subject of the crime must necessarily be absolutely sane and reach a certain specific age.

It is worth saying that under the signs of the offense of crime we mean some generalized, possessing the legal significance properties relating to a particular species.

In general, the elements of the crime can be divided into:

- subjective and objective;

- optional and compulsory.

In the first case, the division is based on which side these attributes refer to (subjective or objective).

Required attributes are:

- Wine;

- socially dangerous act;

- public interests;

- sanity of the subject;

- a certain age.

Optional signs are:

- socially dangerous consequence;

- the subject of the crime;

- the existence of a link between the act and immediate consequences;

- motive, atmosphere, time and so on.

Optional signs are important for many reasons. In some cases, they may become mandatory. Also, we note that on the basis of their often asserted those circumstances that somehow soften or aggravate the fault - that is, directly affect what sentence will be pronounced by the court. Without consideration, they are left only in exceptional cases.